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- Newsgroups: talk.abortion
- Path: sparky!uunet!newsgate.watson.ibm.com!yktnews!admin!news
- From: Larry Margolis <margoli@watson.ibm.com>
- Subject: Re: Abortion techniques and fetal survival
- Sender: news@watson.ibm.com (NNTP News Poster)
- Message-ID: <1992Sep01.230809.31813@watson.ibm.com>
- Date: Tue, 01 Sep 1992 23:08:09 GMT
- Reply-To: margoli@watson.ibm.com
- Disclaimer: This posting represents the poster's views, not necessarily those of IBM
- Nntp-Posting-Host: lamail.watson.ibm.com
- Organization: The Village Waterbed
- Lines: 56
-
- In <1992Sep1.192831.23784@ncsu.edu> dsholtsi@csl36h.csl.ncsu.edu (Doug Holtsinger) writes:
- > In article <1992Sep01.184825.34350@watson.ibm.com>
- > margoli@watson.ibm.com writes:
- >
- > >dsholtsi@csl36h.csl.ncsu.edu (Doug Holtsinger) writes:
- >
- > >> margoli@watson.IBM.com writes:
- >
- > >>> The statement that the states *may* enact legislation is correct. The
- > >>> Pennsylvania legislation was struck down in Colautti v. Franklin for
- > >>> vagueness, *not* because the Supreme Court ruled that the states may
- > >>> not enact such legislation.
- >
- > >> The states may not enforce legislation which would require the physician
- > >> to employ the abortion technique which would most likely result in
- > >> a fetus aborted alive, since that type of legislation was struck
- > >> down in Colautti v. Franklin.
- >
- > > This statement is not correct.
- >
- > Yes, it is correct.
-
- I don't think it is, and you've certainly presented no evidence that it is.
-
- > > How do you conclude one from the other, when you admit that the
- > > legislation was struck down for vagueness, and is therefore totally
- > > irrelevant to the question?
- >
- > It doesn't matter whether the legislation was struck down for
- > reasons of vagueness, or for some other reason. The fact remains
- > the states may not enforce legislation which would require the physician
- > to employ the abortion technique which would most likely result in
- > a fetus aborted alive, since that type of legislation was struck
- > down in Colautti v. Franklin.
-
- You're claiming that because a specific piece of legislation was struck
- down for reasons of vagueness, it is not possible to enforce any other
- legislation that attempts to do the same thing. Care to show where
- the logic is in there?
-
- > > The legislation struck down in Colautti v. Franklin was a Pennsylvania
- > > law; since then Pennsylvania has passed new abortion restrictions. These
- > > were challenged before the Supreme Court. Some parts were struck down,
- > > but the requirement that two doctors be present, one just for the fetus,
- > > and similar provisions also relating to fetal survival in third-trimester
- > > abortions were *not* struck down.
- >
- > So what? Colautti v. Franklin has not been overturned in any
- > Supreme Court decision.
-
- So what. Colautti v. Franklin would not *have* to be overturned to allow
- another law that is *not* vague to be enforced. Such as the third trimester
- restrictions contained in the Pennsylvania Abortion Control Act of 1989,
- *which is currently in effect*.
-
- Larry Margolis, MARGOLI@YKTVMV (Bitnet), margoli@watson.IBM.com (Internet)
-